Case law

Crouch v. Commissioner

59 T.C.M. 938 · United States Tax Court · Jun 20, 1990

The failure to report this tax on their returns was clearly negligent. Mr. … In the instant case, petitioners' position is clearly meritless. Mr.

Bormes v. Commissioner

33 T.C.M. 314 · United States Tax Court · Mar 18, 1974

Of this amount, $45,000 represented expenses clearly attributable to on-site work performed for the Hospital, and $20,000 represented expenses incurred only for the benefit of Wypar. … Both of the experts were qualified and although the qualifications of petitioners' expert were somewhat more impressive, they were offset by the fact that respondent's expert was a native of Aberdeen and was more familiar

Estate of Maurice J. Lydon v. Commissioner

11 T.C.M. 1119 · United States Tax Court · Nov 20, 1952

Petitioner is the duly qualified administrator of the Estate of Maurice J. Lydon, who died October 9, 1945, a resident of Paducah, Kentucky. … The partnership kept records of its operations and without evidence establishing otherwise, we are not warranted in saying that they were not kept with reasonable accuracy.

Bank One Corporation v. Commissioner

120 T.C. No. 11 · United States Tax Court · May 2, 2003

Nor may the Commissioner change an accounting method that clearly reflects income to a method that does not clearly reflect income. See Harden v. … clearly reflects its income.

Martinez v. Commissioner

63 T.C.M. 2337 · United States Tax Court · Mar 11, 1992

Whether petitioner's books and records for the gas station, liquor store, and ranch clearly reflect income for 1973, 1974, and 1975; 2. … for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from substituting, in determining qualified

Polone v. Comm'r

86 T.C.M. 698 · United States Tax Court · Dec 16, 2003

The reason for disallowance was that the $1 million payment associated with petitioner’s refund request did not qualify as tax-free income. … Accordingly, the evidence does not establish that the three payments, or UTA’s obligation to make the three payments, had an ascertainable fair market value in May 1996.29 The evidence does not establish that

McKissack v. Commissioner

28 T.C.M. 557 · United States Tax Court · May 20, 1969

, unless it clearly frustrates some sharply defined State or Federal policy. … Ordinarily, petitioner can establish this by showing that he exercised ordinary business care and prudence but nevertheless was unable to file the return timely. Section 301.6651-1 (a)(3), Proced. & Admin.

Lorraine Corp. v. Commissioner

17 T.C.M. 719 · United States Tax Court · Jul 21, 1958

Thereafter until February 28, 1954, all of the petitioner's stock was owned by the Foundation with the exception of three qualifying shares. … No rental profit in the usual business sense would be realized under this lease, and clearly such a lease would be deterrent to a sale of the property.

McDonald v. Commissioner

68 T.C.M. 1400 · United States Tax Court · Dec 12, 1994

Generally, the Commissioner may use a method of reconstruction that clearly reflects income. Sec. 446(b); Holland v. United States , 348 U.S. 121 (1954) . … It does not qualify par. 144, which lists the unexplained deposits into the account. ↩ 13. Sharer left the accounting partnership in 1980. ↩ 14.

Menard, Inc. v. Comm'r

88 T.C.M. 229 · United States Tax Court · Sep 16, 2004

Menard was with the racing team for practice, qualifying, and the race itself but spent the rest of his time talking with sponsors, vendors, and Menards employees. … Stienessen clearly did not have necessary and accurate information with respect to the TMI expenses deduction and constructive dividend issues.

Estate of McCoy v. Commissioner

20 T.C.M. 224 · United States Tax Court · Feb 21, 1961

McCoy, Jr., the decedent's son, qualified and is the duly appointed and acting executor of decedent's estate. … Petitioner has failed to establish that it is entitled to deduct any greater amount.

Workman v. Commissioner

36 T.C.M. 1534 · United States Tax Court · Oct 31, 1977

In 1957, the sole shareholder caused the corporation to liquidate and thereupon transferred the cash and securities received as a liquidating distribution to a new corporation organized under the laws of Panama and qualified … The Court of Appeals for the Second Circuit, affirming this Court, stated, 429 F.2d at 1214 : It is true enough that the vice of liquidation-reincorporation appears most clearly when a company engaged in active business purports

Grosshandler v. Commissioner

13 T.C.M. 383 · United States Tax Court · Apr 20, 1954

He died on February 17, 1953, and on April 17, 1953, Clarice Neumann qualified as administratrix of his estate. Alexander Grosshandler is a resident of Los Angeles, California. … The evidence adduced by respondent with respect to Samuel's individual fraud for these years establishes clearly that Beaumart, acting through its agent, Samuel, who was its treasurer and signed its corporate returns, filed

McKarzel v. Commissioner

30 T.C.M. 366 · United States Tax Court · Apr 29, 1971

The petitioner accepted employment wherever and whenever it arose in the broad area in which he was qualified to operate. The petitioner maintained an office in his home. … The facts of this case establish that the petitioner had valid business reasons for selecting Poughkeepsie as the place of his business, although it also was his family home.

Nehus v. Commissioner

68 T.C.M. 1503 · United States Tax Court · Dec 21, 1994

The document is clearly inadmissable hearsay and respondent's objection was sustained. … Thus, to qualify under section 280A(c) for a home office deduction, petitioner must establish that a portion of his dwelling is (1) exclusively used, (2) on a regular basis, and (3) as the principal place of business for

Kersten v. Commissioner

47 T.C.M. 1594 · United States Tax Court · Apr 24, 1984

Such testimony clearly belies petitioners' contentions for the divisibility of benefits obtained by medical fellows in the clinical and academic phases of the Surgery Program, and confirms the appropriateness of the unified … Although such direct benefits do not decisively establish a compensatory arrangement, when examined in light of the entirety of the Surgery Program, they do contribute to the compensatory character of the stipend payments

Flett v. Commissioner

19 T.C.M. 825 · United States Tax Court · Jul 20, 1960

The mere fact that petitioner's wife was residing where the climate was beneficial to her arthritic condition at the time petitioner sent her the $150 to $200 per month does not, in and of itself, qualify these payments as … Petitioner himself states that these amounts were for her "to live on," and he has not established *138 that these funds were used by his wife for any medical purpose.

Anthony J. Kadillak v. Commissioner

127 T.C. No. 13 · United States Tax Court · Nov 7, 2006

However, it is unnecessary to reach the facts and circumstances analysis in cases where a “condition certain to occur” has not been established. … Furthermore, shares of stock clearly constitute property, and the nonvested shares were transferred to petitioner subject to a lapse provision.

DOTSON v. COMMISSIONER

2004 T.C. Summary Opinion 164 · United States Tax Court · Dec 1, 2004

App. 1975), affd. 552 P.2d 506 (Colo. 1976), clearly turned on the first step of this two-step analysis. … Memo. 2002-292, wherein the relevant State statutes (of Virginia and Pennsylvania, respectively) specifically provided that military pension benefits qualified as marital property subject to equitable division.

Harris v. Commissioner

39 T.C.M. 1126 · United States Tax Court · Feb 28, 1980

Respondent denies that any of the $222.35 payment qualifies as a deductible expense. Issue 3. … However, he presented no evidence to establish the location of the general area of his principal or regular place of employment.